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The evolution of CBD cannabis legality
Cannabis legalization
23.12.19
From its millennia-old shamanic use on the plains of the Indian subcontinent to its near-systematic demonization in the late twentieth century, cannabis has never ceased to be talked about and is undeniably an important cultural object. It is therefore pertinent to look at the evolution of CBD cannabis legality and its legal status. It seems important to give a brief history of Swiss legislation surrounding the plant before discussing the legal status of CBD cannabis in Switzerland and elsewhere.
Better understand what CBD is:
To get our bearings, we need to start with a little lexicon to help us better understand the issues at stake today. The Federal Commission for Addiction Issues explicitly uses the term "legal cannabis" to refer to flowers with a THC content of less than 1%, the plant's so-called psychotropic and therefore illegal molecule.
The distinction proposed by the commission is a good illustration of Switzerland's pragmatic policy, particularly in terms of social progress and public health, but how did we get here?
Swiss history of cannabis legislation :
Hemp has been used in Europe since the Middle Ages for textiles and cosmetics. However, recreational use remained taboo, reinforced by the Church, and it was not until 1951 that cannabis was classified as a narcotic under Swiss criminal law. The legal evolution of CBD cannabis began to take shape in the 1940s in the USA with the discovery of CBD, but strict laws held back research until the 1960s.
The legal uncertainty surrounding the substance led to the emergence in Switzerland of a number of stores selling cannabis seeds and products in the 90s. The overall trend is still towards repression, with possession of cannabis considered a criminal offence.
The evolution of CBD cannabis legality in Switzerland:
The distinction between legal and illegal cannabis effectively took effect in 2013, when e-liquids and CBD oils first hit the market. This shift in the public’s perception of the plant also led to the decriminalization of possession of up to 10 grams of cannabis containing more than 1% THC. In fact, in certain cantons, authorities no longer issue citations. Today, it is legal to possess and consume CBD cannabis throughout Switzerland. A dedicated article provides detailed information: CBD legal in Switzerland.
Status of CBD cannabis in Europe:
To rule on the evolution of CBD cannabis legality among our European neighbors, we need to distinguish between two legal regimes: that of the European Union and that of the member states. The EU advocates legality for plants containing less than 0.2% THC, but each state retains its sovereignty and applies the legislation as it sees fit.
This threshold is therefore theoretical, and the legal status of CBD cannabis varies by country. In Germany, for example, the decriminalization policy is similar to Switzerland’s and even permits high-THC cannabis for medical purposes. CBD cannabis remains legal for the general public under EU regulations, with a maximum THC content of 0.2%. Our CBD flowers comply with the Swiss limit.
France serves as a counterexample to Germany when it comes to the relaxation of European regulations. Throughout France, cafés and shops selling dried flowers within the legal limit have sprung up. They are quickly shut down by the authorities, and onlycannabidiol (CBD) oil remains strictly legal. Find our products on our CBD webshop in Switzerland.
European legislation, viewed as a framework for authorizing the cultivation of industrial hemp, clearly illustrates the evolution of the legal status of CBD cannabis. In France, this framework facilitates such cultivation, whereas in Italy, the situation is more complex: in June 2016, CBD cannabis—known locally as “cannabis light”—was declared illegal by the Italian Supreme Court, although this decision has not yet been fully enforced by the authorities. Before you go, check the local rules: CBD Spain law.
The evolving legality of CBD cannabis, in brief:
CBD cannabis remains perfectly legal in Switzerland, but it’s wise to check local laws before traveling abroad with CBD products. Our news roundup provides an overview of legal CBD in Switzerland.
The legal status of CBD cannabis in Europe is evolving rapidly, pointing to a bright future for the industry worldwide over the next decade. An article explains why you should choose Swiss CBD.
Please note: although CBD is generally well tolerated, it may interact with certain medical treatments. To find out more, read this detailed article on CBD interactions and contraindications.
Written by johannboschung
